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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional works. [10] Nonfiction literary works, such as history books, newspaper articles, and biographies, are treated as factual works with similarly narrow ...
She also states "Although it seems not to have been raised in any of the self-plagiarism cases, copyrights law's fair use defense would likely provide a shield against many potential publisher claims of copyright infringement against authors who reused portions of their previous works." [116]
The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are: the purpose and character of one's use;
Fair use is the path to have our cake and to eat it. It is long-established and we need to reject calls to ignore it or override it. And it doesn’t mean that content generation models cannot exist.
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